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European Union Act (Cap. 460) Health Care Professions Act (Amendment) Order, 2008 (L.N. 27 Of 2008 )

B 487
EUROPEAN UNION ACT (CAP. 460)
Health Care Professions Act (Amendment) Order, 2008
IN exercise of the powers conferred upon him by article 4 of the European Union Act, the Prime Minister has for the purposes specified in sub-article (2) of the said article made the following Order>
1. (1) The title of this Order is the Health Care Professions
Act (Amendment) Order, 2008.
(2) The purpose of this Order is to transpose the provisions of Directive 2005#36#EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Council Directive 2006#100#EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania.
2. Article 2 of the Health Care Professions Act shall be amended as follows>
(a) immediately before the definition “Council” there shall be inserted the following new definition>
“ “adaptation period” means the pursuit of a regulated profession in the host Member State under the responsibility of a qualified registered member of that profession, such period of supervised practice possibly being accompanied by further training<”<
(b) immediately after the new definition “Council” there shall be added the following new definition>
“ “aptitude test” means a test limited to the professional knowledge of the applicant, made by the relevant Councils with the aim of assessing the ability of the applicant to pursue a regulated profession in Malta<”<
(c) immediately after the definition “European Union” there shall be added the following new definition>
“ “evidence of formal qualifications” means diplomas, certificates and other evidence issued by the competent

Title and application.

Cap. 464.

Amendment of article 2

of the Health Care

Professions Act.

B 488
authority in a Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State and certifying successful completion of professional training obtained mainly in the Community. Evidence of formal qualifications issued by a third country shall be regarded as evidence of formal qualifications if the holder has three years formal experience in the profession concerned on the territory of the Member State which recognised that evidence of formal qualification, certified by that Member State<”<
(d) immediately after the definition “professional complementary to medicine” there shall be added the following new definition>
“ “professional experience” means the actual and lawful pursuit of the profession concerned in a Member State<”<
(e) immediately after the new definition “professional experience” there shall be added the following new definition>
“ “qualified person” shall have the same meaning as that given under the Medicines Act<”<
(f) immediately after the new definition “qualified person”
there shall be added the following new definition>
“ “regulated education and training” means any training which is specifically geared to the pursuit of a given profession and which comprises a course or courses complemented, where appropriate, by professional training, or probationary or professional practice. The structure and level of the professional training, probationary or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or monitored or approved by the authority designated for that purpose<”< and
(g) immediately after the new definition“regulated education and training” there shall be added the following new definition>
“ “regulated profession” means a professional activity or group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions, to the possession of specific professional qualifications< in particular, the use of a
professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification, shall constitute a mode of pursuit<”.
3. Article 3 of the Health Care Professions Act shall be amended as follows >
(a) for paragraph (a) of sub-article (2) thereof, there shall be substituted the following>
“(a) A person shall only be entitled to use a professional title if he fulfils the conditions set by the relevant Council for taking up and pursuit, in Malta, of the healthcare profession to which the title refers.”< and
(b) immediately after sub-article (2) thereof, there shall be inserted the new sub-articles (3) and (4) as follows>
“(3) Healthcare professionals registered with any of the relevant Councils shall be legally entitled to use those academic titles conferred on them in the home Member State, and possibly an abbreviated form thereof, in the language of the home Member State as long as that title is followed by the name and address of the establishment or examining board which awarded it.
(4) In those cases where an academic title of the home Member State is liable to be confused with a title which in Malta requires supplementary training not acquired by the professional, then the relevant Council may require the professional to use the academic title of the home Member State in an appropriate form, as prescribed by the Council.”.
4. Article 11 of the Health Care Professions Act shall be amended as follows>
(a) for paragraph (b) of sub-article (1) thereof, there shall be substituted the following>
“(b) any of the qualifications listed in Second
Schedule, parts Ia, Ib,Ic, Id< or”<
(b) for sub-article (2) thereof, there shall be substituted the following>
B 489

Amendment of article 3

of the Health Care

Professions Act.

Amendment of article 11

of the Health Care

Professions Act.

B 490

Amendment of article 12

of the Health Care

Professions Act.

“(2) The Medical Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Medical Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree of Doctor of Medicine and Surgery of the University of Malta or a qualification listed in Second Schedule Parts Ia, Ib, Ic, Id or any other qualification recognised for that purpose by the Medical Council.”< and
(c) immediately after sub-article (4) thereof, there shall be added the following new sub-article>
“(5) The Medical Council shall keep separate registers for each of the specialities listed under the Fifth Schedule”.
5. Article 12 of the Health Care Professions Act shall be amended as follows>
(a) for paragraph (b) of sub-article (1) there shall be substituted the following>
“(b) any of the qualifications listed in Second Schedule part IIa< or”<
(b) for sub-article (2) thereof, there shall be substituted the following>
“(2) The Medical Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree in Dental Surgery of the University of Malta or a qualification listed in Second Schedule, Part IIa or any other qualification recognised by the Medical Council for the purpose.”< and
(c) immediately after sub-article (9) thereof, there shall be inserted the following new sub-article>
“(5) For the purposes of this Act the professional activities of dental surgeon shall include the prevention, diagnosis and treatment of anomalies and diseases effecting the teeth, mouth, jaws and adjoining tissue having due regard
to the regulatory provisions and rules of professional ethics on the reference dates referred in Part IIa of the Second Schedule”.
6. Immediately after sub-article (2) of article 13 of the Health Care Professions Act, there shall be inserted the following new sub- articles>
“(3) Persons registered as pharmacists shall gain access and pursue at least the following activities, subject to the requirement, where appropriate, of supplementary professional experience>-
(a) preparation of the pharmaceutical form of medicinal products<
(b) manufacture and testing of medicinal products<
(c) testing of medicinal products in a laboratory for the testing of medicinal products<
(d) storage, preservation and distribution of medicinal products at the wholesale stage<
(e) preparation, testing, storage and supply of medicinal products in pharmacies open to the public<
(f) preparation, testing, storage and dispensing of medicinal products in hospitals<
(g) provision of information and advice on medicinal products.
(4) If access to or pursuit of one of the activities of a pharmacist is made contingent upon supplementary professional experience, in addition to possession of evidence of formal qualifications referred to in the Second Schedule, Part III then the Council shall recognise as sufficient proof in this regard a certificate issued by the competent authorities in the home Member State stating that the person concerned has been engaged in those activities in the home Member State for a similar period.
(5) The recognition referred to in the preceding sub-article shall not apply with regard to the two-year period of professional experience required by the Grand Duchy of Luxembourg for the grant of a State public pharmacy concession.”.
B 491

Amendment of article 13

of the Health Care

Professions Act.

B 492

Amendment of article 15

of the Health Care

Professions Act.

Amendment of article 16

of the Health Care

Professions Act.

Amendment of article 17

of the Health Care

Professions Act.

7. In article 15 of the Health Care Professions Act, paragraph (f) shall be renumbered as paragraph (g) thereof, and immediately after paragraph (e) there shall be inserted the following new paragraph (f)>
“(f) two registered qualified persons, one elected from amongst all registered qualified persons and one appointed by the Prime Minister, and who shall only be required to attend Council sittings when the matter under discussion relates to their profession<”.
8. For paragraph (d) of article 16 of the Health Care Professions
Act, there shall be substituted the following>
“(d) to prescribe and maintain professional and ethical standards for pharmacists and pharmacy technicians and qualified persons<”.
9. Article 17 of the Health Care Professions Act shall be amended as follows>
(a) for paragraph (b) of sub-article (1) thereof, there shall be substituted the following>
or”<
“(b) a qualification listed in Second Schedule Part III
(b) for sub-article (2) thereof, there shall be substituted the following>
“(2) The Pharmacy Council shall, following an application to that effect by the person concerned, keep a register in which, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, shall be entered the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree in Pharmacy of the University of Malta or a qualification listed in Part III of the Second Schedule or any other qualification recognised by the Pharmacy Council.”< and
(c) for sub-article (3) thereof, there shall be substituted the following>
“(3) (a) The Pharmacy Council may require competent authorities in a Member State to confirm the authenticity of diplomas, certificates and other evidence of formal qualifications issued in such Member State, as well as
to confirm that the person concerned has fulfilled all the training requirements laid down by national law.
(b) Diplomas, certificates and other evidence of formal qualifications in Pharmacy which were awarded to nationals of Member States by Member States and which do not satisfy all the minimum training requirements laid down under national law, shall be treated as diplomas satisfying these requirements if they are evidence of training which has completed before the implementation of Directive
85#432#EEC or they are evidence of training which was
completed after but which was commenced before the implementation of the said Directive, and in each case if they are accompanied by a certificate stating that the holder thereof has been effectively and lawfully occupied as a pharmacist in a Member State for at least three consecutive years during the five years preceding the award of the certificate and provided further that such an act and activity is regulated in that State.”.
10. Immediately after article 18 of the Health Care Professions
Act, there shall be inserted the new article 18A as follows>

“Register of 18A. (1) The Pharmacy Council shall keep a register,

B 493

Addition of new article

18A to the Health Care Professions Act.

Qualified

Persons.

in this Act referred to as “the Register of Qualified Persons”, in which, following an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State who holds>-
(a) such qualification in the practice of the profession of qualified person as may be prescribed in the Medicines Act or regulations made thereunder< or
(b) an equivalent qualification obtained from a university, college or training institution within a Member State.
(2) The Pharmacy Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, the name of every person, not being a citizen of Malta or of a Member State, who holds a qualification described in sub-article (1)(a) or (b).
B 494

Amendment of article 19

of the Health Care

Professions Act.

Amendment of article 20

of the Health Care

Professions Act.

Amendment of article 23

of the Health Care

Professions Act.

(3) Notwithstanding the provisions of sub-article (1), the Pharmacy Council shall keep a register in which following an application to that effect by the person concerned, shall be entered, for a period not exceeding one year, the name of any citizen of Malta or of a Member State who has qualified for the qualifications listed in paragraph (a) or (b) but has yet not obtained such qualification.”.
11. For sub-article (1) of article 19 of the Health Care Professions
Act there shall be substituted the following>
“(1) No person shall practice the midwifery profession unless he holds a licence for that purpose issued by the President of Malta.”.
12. Immediately after sub-article (2) of article 20 of the Health
Care Professions Act there shall be added the following new sub-article>
“(3) For the purposes of this Act, the professional activities of nurses responsible for general care shall be those activities pursued on a professional basis and referred to in Part V of the Second Schedule .”.
13. Article 23 of the Health Care Professions Act shall be amended as follows>
(a) in sub-article (1) thereof,
(i) for the words from “The Council” to the words “Member State who holds” there shall be substituted the following>
“(1) The Council for Nurses and Midwives shall keep a register, in this Act referred to as “the Register of Midwives” in which upon an application to that effect by the person concerned shall be entered the name of any citizen of Malta, or of a Member State or a person who benefits from the provisions of Article 11 of Regulation 1612#68#EEC or person who has been established in a Member State who satisfies one of the following criteria -”<
(ii) for paragraph (b) thereof, there shall be substituted the following>
“(b) (i) full-time training of at least three years as a midwife either made contingent upon possession of a diploma, certificate or other evidence of qualification giving access to universities or higher education institutes, or otherwise guaranteeing an equivalent level of knowledge or followed by two years of professional practice for which a certificate has been issued in accordance with subparagraph (c)<
(ii) full-time training as a midwife of at least two years or 3600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in Part V of the Second Schedule,<
(iii) full-time training as a midwife of at least 18 months or 3000 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in Part V of the Second Schedule and followed by one year’s professional practice for which a certificate has been issued in accordance with paragraph (c)<”<
(iii) for paragraph (c) thereof, there shall be substituted the following>
“(c) The Council shall issue the certificate which shall certify that the holder, after obtaining evidence of formal qualifications as a midwife, has satisfactorily pursued all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved for that purpose<”< and
(iv) immediately after paragraph (d) thereof, there shall be inserted a new paragraph (e) as follows>
“(e) In those cases where nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications as obstetrics-gynaecology nurse (asistent medical obstetrica-ginecologie) were awarded by Romania before the date of accession and which do not satisfy the minimum training requirements laid down by Article 1 of Directive 80#155#EEC, the relevant Council shall recognise the said diplomas, certificates and other evidence of formal qualifications as being sufficient proof for the purposes of carrying out the
B 495
B 496
activities of midwife, if they are accompanied by a certificate stating that those Member States nationals have effictively and lawfully been engaged in the activities of midwife in Romania, for at least five consecutive years during the seven years prior to the issue of the certificate.”<
(b) for sub-article (3) thereof, there shall be substituted the following>
“(3) The Council for Nurses and Midwives shall keep a register in which, upon an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council for Nurses and Midwives may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree or diploma in midwifery studies granted by the University of Malta, or the equivalent qualification granted by the School of Nursing or a qualification listed in Part IV of the Second Schedule or any other qualification recognised by the Council for Nurses and Midwives.”< and
(c) immediately after sub-article (4) thereof, there shall be inserted a new sub-article (5) as follows >
“(5) For the purposes of this Act, the professional activities of a midwife shall include the>
(a) provision of sound family planning information and advice<
(b) diagnosis of pregnancies and monitoring normal pregnancies< carrying out the examinations necessary for the monitoring of the development of normal pregnancies<
(c) prescribing or advising on the examinations necessary for the earliest possible diagnosis of pregnancies at risk<
(d) provision of programmes of parenthood preparation and complete preparation for childbirth including advice on hygiene and nutrition<
(e) caring for and assisting the mother during labour and monitoring the condition of the foetus in utero by the appropriate clinical and technical means<
(f) conducting spontaneous deliveries including where required episiotomies and in urgent cases breech deliveries<
(g) recognising the warning signs of abnormality in the mother or infant which necessitate referral to a doctor and assisting the latter where appropriate< taking the necessary emergency measures in the doctor’s absence, in particular the manual removal of the placenta, possibly followed by manual examination of the uterus<
(h) examining and caring for the new-born infant, the taking all initiatives which are necessary in case of need and carrying out where necessary immediate resuscitation<
(i) caring for and monitoring the progress of the mother in the post-natal period and giving all necessary advice to the mother on infant care to enable her to ensure the optimum progress of the new-born infant<
(j) carrying out treatment prescribed by doctors< (k) drawing up the necessary written reports.”.
14. Article 24 of the Health Care Professions Act shall be amended as follows>
(a) for sub-paragraph (ii) of paragraph (a) of sub-article (2)
thereof, there shall be substituted the following>
“(ii) a nursing qualification as listed in Part V of the
Second Schedule or”< and
(b) for sub-article (6) thereof, there shall be substituted the following>
“(6) The Council may require competent authorities of Member States to confirm the authenticity of diplomas, certificates and other evidence of formal qualifications issued in that Member State, and also a confirmation that the person
B 497

Amendment of article 24

of the Health Care

Professions Act.

B 498

Amendment of article 27

of the Health Care

Professions Act.

Amendment of article 29

of the Health Care

Professions Act.

concerned has fulfilled all the training requirements laid down by national law.”.
15. For sub-article (1) of article 27 of the Health Care Professions
Act there shall be substituted the following>
“(1) The functions of the Council for the Professions
Complementary to Medicine shall be>
(a) to keep, publish and update registers in respect of the Professions Complementary to Medicine, and specialist registers of the Professions Complementary to Medicine as may be prescribed, as well as registers of special areas of practice as may be determined by the said Council<
(b) to prescribe and maintain professional and ethical standards for the professions complementary to medicine<
(c) to levy such fees, from registered professionals for initial registration and yearly retention fees thereafter, as may be prescribed, in consultation with such associations as appropriate<
(d) at the request of the Minister or otherwise, to advise the Minister on any matter effecting the professions complementary to medicine <
(e) to perform any other function that may be assigned to it by this Act or any other law.”.
16. Article 29 of the Health Care Professions Act shall be amended as follows>
(a) for sub-article (3) thereof, there shall be substituted the following>
“(3) A healthcare professional, who is a citizen of Malta or of a Member State, or a person otherwise legally entitles or authorised to work in Malta, and who fulfils the conditions for the taking up and pursuit of a speciality in Malta, shall be entitled to use his lawful professional and academic title or titles, as the case may be, and where appropriate, the abbreviation thereof deriving from their country of origin or the country from which they come, in the language of that country.”< and
(b) for paragraph (b) of sub-article (4) thereof, there shall be substituted the following >
“(b) is in possession of a specialist qualification listed in Part Ia and Ib of the Second Schedule or”.
17. Article 42 of the Health Care Professions Act shall be substituted as follows>
“42. (1) Whenever the relevant Council decides on an application for entry in any of the registers kept by the relevant Council, the Council may whilst guaranteeing the confidentiality of the information contained therein demand the documents and certificates listed under the Seventh Schedule.
(i) the documents mentioned under paragraphs (d), (e) and (f) of the Seventh Schedule shall not be more than three months old by the date on which they are submitted.
(ii) In case of doubt, the relevant Council may require from the competent authorities of a Member State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State, as well as, where applicable, confirmation of the fact that the beneficiary fulfils the minimum training conditions set out under national law.
(iii) Nonetheless in cases of doubt, where the evidence of formal qualifications has been issued by a competent authority in a Member State and includes training received in whole or in part in an establishment legally established in the territory of another Member State, the relevant Council shall be entitled to verify with the competent body in the Member State of origin of the award>
(a) whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the Member State of origin of the award<
(b) whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the Member State of origin of the award<
B 499

Amendment of article 42

of the Health Care

Professions Act.

B 500
(c) whether the evidence of formal qualifications confers the same professional rights in the territory of the Member State of origin of the award<
(d) the relevant Council shall ensure that nationals of Member States can use appropriate equivalent wording when swearing a solemn oath or making a sworn statement in order to gain access to the regulated profession<
(e) the relevant Council shall acknowledge receipt of the application within one month of receipt and inform the applicant of any missing document<
(f) the procedure for examining an application to practise a regulated profession must be completed as quickly as possible and lead to a duly substantiated decision by the relevant Council in any case within three months after the date on which the applicant’s complete file was submitted. However, this deadline may be extended by one month in cases falling under Chapters I and II of the Professional Qualifications Directive<
(g) the decision, or failure to reach a decision within the deadline, shall be subject to appeal under Article 49 of this Act< and
(h) the relevant Council shall ensure that applicants benefitting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in Malta.
(2) In pursuance of the foregoing provisions of this article, the relevant Council shall, in the case of refusal of registration, give a reasoned decision and inform the applicant of his right of appeal in terms of article 49 hereof.
(3) The provisions of article 49 concerning an appeal from a decision of any of the Councils in respect registration of a health care professional shall mutatis mutandis apply.
(4) (a) Without prejudice to any provision of this Act, a national of Member State wishing to provide services in Malta, hereinafter referred to as “service provider”, shall not be restricted,
for any reason relating to professional qualifications, from providing such services if he>
(i) is legally established in a Member State hereinafter referred to as the “Member State of establishment” for the purpose of pursuing the same profession there<
(ii) moves to Malta to pursue his profession, on a temporary and occasional basis<
(iii) has pursued that profession in the Member State of establishment for at least two years during the ten years preceding the provision of services when the profession is not regulated in that Member State unless either the profession or the education and training leading to the profession is regulated.
(b) The temporary and occasional nature of the provision of services shall be assessed case by case by the relevant Council, in particular in relation to its duration, its frequency, its regularity and its continuity.
(c) Where a service provider moves, he shall be subject to the same professional rules of a professional, statutory or administrative nature which are directly linked to professional qualifications, such as the definition of the profession, the use of titles and serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions which are applicable in Malta to professionals who pursue the same profession.
(5) (a) A service provider established in another Member State shall be exempted from the requirements which are placed on registered professionals relating to>
(i) registration with the relevant Council provided that the service provider has been automatically temporarily registered with such Council and provided that such registration does not delay or complicate in any way the provision of services and does not entail any additional costs for the service provider. A copy of the declaration and, where applicable, of the renewal referred to in sub-article (6), accompanied by a copy of the documents referred to in sub- article (7) sent by the competent authority in the Member State of Establishment shall constitute automatic temporary registration or pro forma membership for this purpose<
B 501

Exemptions.

B 502

Declaration to be made in advance if the service provider moves.

(ii) registration with a public social security body for the purpose of settling accounts with an insurer relating to activities pursued for the benefit of insured persons. The service provider shall inform in advance or, in an urgent case, afterwards the public social security body of the services which he has provided.
(6) (a) Where the service provider first moves to Malta from any Member State in order to provide services, he shall inform the relevant Council in a written declaration to be made in advance including the details of any insurance cover or other means of personal or collective protection with regard to professional liability. Such declaration shall be renewed once a year if the service provider intends to provide temporary or occasional services in Malta during that year. The service provider may supply the declaration by any means.
(b) In the case of first time provision of services in Malta or if there is a material change in the situation substantiated by the documents, the declaration shall be accompanied by the following documents>
(i) proof of the nationality of the service provider<
(ii) an attestation certifying that the holder is legally established in a Member State for the purpose of pursuing the activities concerned and that he is not prohibited from practising, even temporarily, at the moment of delivering the attestation<
(iii) evidence of professional qualifications<
(c) The service shall be provided under the professional title in accordance with the provisions of this Act.
(d) The relevant Council may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
(e) Within a maximum of one month of receipt of the declaration and accompanying documents, the relevant Council shall endeavour to inform the service provider either of its decision
not to check his qualifications or of the outcome of such check. Where there is a difficulty which would result in delay, the relevant Council shall notify the service provider within the first month of the reason for the delay and the timescale for a decision, which must be finalised within the second month of receipt of completed documentation.
(f) In those cases where there is a substantial difference between the professional qualifications of the service provider and the training required to the extent that that difference is such as to be harmful to public health or safety, the relevant Council shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the knowledge or competence lacking. In any case, it must be possible for the service provider to provide the service within one month of a decision being taken in accordance with the previous subparagraph.
(g) In the absence of a reaction of the relevant Council within the deadlines set in the previous subparagraphs, the service may be provided.
7. (a) The relevant Council may ask the competent authorities of the Member State of establishment, for each provision of services, to provide any information relevant to the legality of the service provider’s establishment and his good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature.
(b) Any information requested by the relevant Council shall be in accordance with the provisions of Article 56 of the Professional Qualifications Directive.
(c) It shall be the duty of the relevant Council to ensure that the exchange of all information necessary for complaints by a recipient of a service against a service provider is correctly pursued. Recipients shall be informed of the outcome of the complaint.
(8) (a) Upon registration by the relevant Council the applicant shall have the right to practice the same profession as that for which he is qualified in the Member State of origin and to pursue that same profession under the same conditions as Maltese nationals.
(b) For the purposes of this Act, the profession which the applicant wishes to pursue in Malta is the same as that for
B 503

Administrative cooperation.

B 504

Addition of new articles 42A

and 42B to the

Health Care

which he is qualified in the country of origin only if the activities covered are comparable.”.
18. Immediately after article 42 of the Health Care Professions
Act, there shall be added two new articles 42A and 42 B as follows >

Professions Act. “Non- applicability of automatic recognition of formal

qualifications and acquired rights.

42 A. (1) Whereas in the case of>
(a) doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, midwives and pharmacists who do not satisfy the requirements of effective and lawful professional practice as laid down under the Second Schedule<
(b) doctors, nurses, dental practitioners, midwives and pharmacists who, without prejudice to what is provided under the Second Schedule, hold evidence of formal qualifications as a specialist and who must follow the training leading to the possession of a title listed under the Second Schedule , and solely for the purpose of the recognition of the relevant speciality<
(c) nurses responsible for general care and specilised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of a title listed in the Second Schedule, when the migrant seeks recognition in Malta<
(d) specialised nurses without training as general care nurse, when the migrant seeks recognition of such activities as are pursued in Malta by nurses responsible for general care, specialised nurses without training as general care nurse or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in the Second Schedule<
(e) migrants in possession of evidence of formal qualifications issued by a third country and having three years professional experience in the profession concerned on the territory of that Member State which has recognised that evidence of formal qualification and certified by that member State,
the provisions regarding automatic recognition of formal qualifications and acquired rights do not apply.
(2) The provisions of the preceding article shall not preclude the relevant Council from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if>
(a) the duration of the training of which he provides evidence in terms of the preceding article, is at least one year shorter than that required by the relevant Council<
(b) the training he has received covers substantially different matters than those covered by the evidence of formal qualifications required by the relevant Council<
(c) the regulated profession in the Malta comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s home Member State, and that difference consists in specific training which is required in Malta and which covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.
(3) (a) If the host Member State makes use of the option provided for in sub-article (1), it must offer the applicant the choice between an adaptation period and an aptitude test.
(b) However, for professions whose pursuit requires precise knowledge of national law and in respect of which the provision of advice and, or assistance concerning national law is an essential and constant aspect of the professional activity, the relevant Council may stipulate either an adaptation period or an aptitude test.
(c) This applies also to the cases provided for in sub-article (1) paragraphs (a), (b), (c) and (e) concerning doctors and dental practitioners, and sub-article (1) paragraph (d) when the migrant seeks recognition in Malta where the relevant professional activities are pursued by nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist which follows
B 505
B 506
the training in the Second Schedule leading to the possession of the titles listed therein.
(d) In the cases covered by sub-article (1) (a), the relevant Council may require an adaptation period or an aptitude test if the migrant envisages pursuing professional activities in a self-employed capacity or as a manager of an undertaking which require the knowledge and the application of the specific national rules in force, provided that knowledge and application of those rules are required by the competent authorities in Malta for access to such activities by Maltese nationals.
(3) For the purpose of this article “substantially different matters” means matters of which knowledge is essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of duration or content from the training required in Malta.
(4) If the relavant Council intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge acquired by the applicant in the course of his professional experience in a Member State or in a third country, is of a nature to cover, in full or in part, the substantial difference referred to in the preceding sub-article .
(5) The relevant Council shall in relation to the professions referred to in the preceding paragraphs, for the purposes of registration, under the same conditions as apply to Maltese nationals, recognise as professional qualifications>
(a) an attestation of competence issued by a competent authority in the home Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State, on the basis of>
(i) either a training course not forming part of a certificate or diploma within the meaning of sub-paragraphs (b), (c), (d) or (e), or a specific examination without prior training, or full-time pursuit of the profession in a Member State for three consecutive years or for an equivalent duration on a part-time basis during the previous ten years,
(ii) or general primary or secondary education, attesting that the holder has acquired general knowledge<
(b) a certificate attesting to a successful completion of a secondary course,
(i) either general in character, supplemented by a course of study or professional training other than those referred to in paragraph (c) of this sub- article and,or by the probationary or professional practice required in addition to that course,
(ii) or technical or professional in character, supplemented where appropriate by a course of study or professional training as referred to in the preceding paragraph, and, or by the probationary or professional practice required in addition to that course<
B 507
of –
(c) a diploma certifying successful completion
(i) either training at post-secondary level other than that referred to in paragraphs (d) and (e) of a duration of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition to that post-secondary course< or
(ii) in the case of a regulated profession, training with a special structure, included in Annex II of the Professional Qualifications Directive, equivalent to the level of training provided for in the preceding paragraph, which provides a comparable professional standard and which prepares the trainee for a comparable level of responsibilities and functions<
(d) a diploma certifying successful completion of training at post-secondary level of at least three and not
B 508

Equal treatment of qualifications.

Conditions for recognition.

more than four years’ duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment providing the same level of training, as well as the professional training which may be required in addition to that post-secondary course<
(e) a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course.
(6) (a) The relevant Council shall treat as evidence of formal training, including the level of training, any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in a Member State, certifying successful completion of training in the Community which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of that profession.
(b) Any professional qualification which, although not satisfying current requirements for access to or the pursuit of a profession, confers on the holder acquired rights by virtue of the provisions of this Act, shall also be treated as such evidence of formal qualifications under the same conditions as set out in the first subparagraph in particular if the level of training required for admission to a profession and for its exercise is raised, and if an individual who has undergone former training, which does not meet the requirements of the new qualification, benefits from acquired rights, and in such case this former training shall be considered as corresponding to the level of the new training.
(7) The relevant Council shall permit access to and pursuit of the profession to applicants possessing the attestation of competence or evidence of formal qualifications required, under the same conditions as apply to Maltese nationals.
(8) An attestation of competence or evidence of formal qualifications or an attestation of a level of professional qualification at least equivalent to the level immediately prior to that which is required as provided by this Act shall be issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State.
(9) Access to and pursuit of the profession shall also be granted to applicants who have pursued the profession on a full-time basis for two years during the previous ten years in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or documents providing evidence of formal qualifications which satisfy the following conditions>
(a) they shall have been issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State<
(b) they shall attest a level of professional qualification at least equivalent to the level immediately prior to that required in the host Member State in virtue of sub-article (4)<
(c) they shall attest that the holder has been prepared for the pursuit of the profession in question>
Provided that the two years’ professional experience may not, however, be required if the evidence of formal qualifications which the applicant possesses certifies regulated education and training at the levels of qualifications described in paragraphs (a), (b) and (c) of sub-article (1). The regulated education and training listed in Annex III of the Professional Qualifications Directive shall be considered as such regulated education and training at the level described in sub-article (2), paragraph (c).
(10) By way of derogation from sub-article (8) and from sub-article (9) paragraph (b), the relevant Council shall permit access and pursuit of a regulated profession where access to this profession is contingent in its territory upon possession of a qualification certifying successful completion of higher or university
B 509
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Non-preclusion of applicant from completing an adaptation period.

education of four years’ duration, and where the applicant possesses a qualification referred to in sub-article (2), paragraph (c).
42B. (1) The provisions of the preceding article shall not preclude the relevant Council from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if>
(a) the duration of the training of which he provides evidence in terms of the preceding article, is at least one year shorter than that required by the relevant Council<
(b) the training he has received covers substantially different matters than those covered by the evidence of formal qualifications required by the relevant Council<
(c) the regulated profession in the Malta comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s home Member State, and that difference consists in specific training which is required in Malta and which covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.
(2) (a) In order to permit this test to be carried out, the relevant Council shall draw up a list of subjects which, on the basis of a comparison of the education and training required in Malta and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant.
(b) The aptitude test shall take account of the fact that the applicant is a qualified professional in the home Member State or the Member State from which he comes. It shall cover subjects to be selected from those on the list, knowledge of which is essential in order to be able to pursue the profession in the host Member State. The test may also include knowledge of the professional rules applicable to the activities in question in Malta.
(c) The detailed application of the aptitude test and the status, in Malta, of the applicant who wishes to prepare
himself for the aptitude test in that State shall be determined by the relevant Council.
(3) (a) In the case of the adaptation period, this period of supervised practice shall be the subject of an assessment. The detailed rules governing the adaptation period and its assessment as well as the status of a migrant under supervision shall be laid down by the relevant Council.
(b) The status enjoyed in the host Member State by the person undergoing the period of supervised practice, in particular in the matter of right of residence as well as obligations, social rights and benefits, allowances and remuneration, shall be established by the competent authorities in Malta in accordance with applicable Community law.
(4) If the relevant Council invokes sub-article (1), then it must offer the applicant the choice between an adaptation period and an aptitude test.
(5) (a) If the relevant Council intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge acquired by the applicant in the course of his professional experience in a Member State or in a third country, is of a nature to cover, in full or in part, the substantial difference referred to in the preceding sub-articles.
(b) For the purpose of this article “substantially different matters” means matters of which knowledge is essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of duration or content from the training required in Malta.”.
19. Article 43 of the Health Care Professions Act shall be substituted by the following >
“43. (1) In those cases where the evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as midwife and as pharmacist held by nationals of Member States does not satisfy all the training requirements provided for under national law, each relevant Council shall recognise as sufficient proof evidence of formal qualifications
B 511

Substitution of article 43

of the Health Care

Professions Act.

B 512

Amendment of article 51

of the Health Care

Professions Act.

Substitution of the Second Schedule to

the Health Care

Professions Act.

issued by those Member States in so far as such evidence attests successful completion of training which began before the reference dates laid down in the Sixth Schedule of this Act and the Second Schedule, and is accompanied by a certificate stating that the holders have been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.
(2) In those cases where the relevant Council has adopted measures relating to acquired right benefiting Maltese nationals, it shall also grant nationals of other Member States the right to benefit from those measures, in so far as evidence of formal qualifications was issued before the date on which the relevant Council ceased to issue such evidence for the speciality concerned.”.
20. Sub-article (1) of article 51 of the Health Care Professions
Act shall be amended as follows>
(a) for paragraph (b) thereof, there shall be substituted the following>
“(b) establish in consultation with the relevant Council the fees that may be charged by a Council in connection with the initial registration of a person’s name in a register, as well as such annual or other periodic fees for the retention of such names in the register and the funds wherein such fees may be deposited<”< and
(b) for paragraph (h) thereof, there shall be substituted the following>
“(h) to prescribe those professions for which a licence is granted and the conditions which shall be satisfied prior to the granting of such licence.”.
21. For the Second Schedule to the Health Care Professions Act there shall be substituted the following>
22. The Fourth Schedule to the Health Care Professions Act shall be amended as follows>
(a) in Part I thereof, paragraph (d) of article 1 thereof shall be substituted by the following >
“(d) it has a minimum of fifteen full members registered as specialists with the relevant Council<”< and
(b) in Part II thereof, in the item “Pharmacists”, immediately after the sub-item”“Malta Chamber of Pharmacists” there shall be added the sub-item “Malta College of Pharmacy Practice”.
23. Immediately after the Fifth Schedule to the Health Care
Professions Act, there shall be added the following new Sixth Schedule>
“Sixth Schedule
(Article 43)
1. The provision of article 43 shall apply to evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as midwife and as pharmacist, obtained in the territory of the former German Democratic Republic, which does not satisfy all the minimum training requirements laid down under national law if such evidence certifies successful completion of training which began before>
(a) 3 October 1990 for doctors with basic training, nurses responsible for general care, dental practitioners with basic training, specialised dental practitioners, midwives and pharmacists, and
(b) 3 April 1992 for specialised doctors.
(2) The evidence of formal qualifications referred to in the preceding article confers on the holder the right to pursue professional activities throughout German territory under the same conditions as evidence of formal qualifications issued by the competent German authorities referred to in Second Schedule,
(3) Without prejudice to the provisions of article 37(1), each relevant Council shall recognise evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as midwife, as pharmacist held by nationals of Member States and issued by the former Czechoslovakia, or whose training commenced,
B 513

Amendment of

the Fourth Schedule to

the Health Care

Professions Act.

Addition of Sixth Schedule to the Health Care Professions Act.

Acquired rights.

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for the Czech Republic and Slovakia, before 1 January 1993, where the authorities of either of the two aforementioned Member States attest that such evidence of formal qualifications has the same legal validity within their territory as the evidence of formal qualifications which they issue and, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, midwife and pharmacist with respect to the activities referred to in Article 45(2), and the pursuit of such activities. Such an attestation must be accompanied by a certificate issued by those same authorities stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least three consecutive years during the five years prior to the date of issue of the certificate.
(4) Each relevant Council shall recognise evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as midwife and as pharmacist held by nationals of the Member States and issued by the former Soviet Union, or whose training commenced -
(i) for Estonia, before 20 August 1991, (ii) for Latvia, before 21 August 1991, (iii) for Lithuania, before 11 March 1990,
where the authorities of any of the three aforementioned Member States attest that such evidence has the same legal validity within their territory as the evidence which they issue and, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, midwife, pharmacist with respect to the activities referred to in article 45(2), and the pursuit of such activities. Such an attestation must be accompanied by a certificate issued by those same authorities stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least three consecutive years during the five years prior to the date of issue of the certificate.
(5) Each Member State shall recognise evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as midwife and as pharmacist held by nationals of the Member States
and issued by the former Yugoslavia, or whose training commenced, for Slovenia, before 25 June 1991, where the authorities of the aforementioned Member State attest that such evidence has the same legal validity within their territory as the evidence which they issue and, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, midwife, and pharmacist with respect to the activities referred to in article 45(2), and the pursuit of such activities. Such an attestation must be accompanied by a certificate issued by those same authorities stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least three consecutive years during the five years prior to the date of issue of the certificate.
(6) Each relevant Council shall recognise as sufficient proof for Member State nationals whose evidence of formal qualifications as a doctor, nurse responsible for general care, dental practitioner, midwife and pharmacist does not correspond to the titles given for that Member State in the Second Schedule, evidence of formal qualifications issued by those Member States accompanied by a certificate issued by the competent authorities or bodies.
(7) The certificate referred to in the preceding sub-article shall state that the evidence of formal qualifications certifies successful completion of training in accordance with Articles 24, 25, 28, 31, 34,
35, 38, 40 and 44 of Directive 2005#36 respectively and is treated by the Member State which issued it in the same way as the qualifications
whose titles are listed in the Second Schedule.
(8) (a) The Medical Council may require of specialised doctors whose part-time specialist medical training was governed by legislative, regulatory and administrative provisions in force as of 20
June 1975 and who began their specialist training no later than 31
December 1983 that their evidence of formal qualifications be accompanied by a certificate stating that they have been effectively and lawfully engaged in the relevant activities for at least three consecutive years during the five years preceding the award of that certificate.
(b) The Medical Council shall recognise the qualification of specialised doctors awarded in Spain to doctors who completed their specialist training before 1 January 1995, even if that training does not satisfy the minimum training requirements provided for in Directive
2005#36 EC, in so far as that qualification is accompanied by a certificate issued by the competent Spanish authorities and attesting that the person concerned has passed the examination in specific professional competence held in the context of exceptional measures concerning
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Acquired rights specific to nurses.

recognition laid down in Royal Decree 1497#99, with a view to ascertaining that the person concerned possesses a level of knowledge and skill comparable to that of doctors who possess a qualification as a specialised doctor defined for Spain in Part Ia and Ib the Second Schedule.
(a) The relevant Council shall, in the case of nationals of the Member States whose evidence of formal qualifications as nurse responsible for general care was awarded by, or whose training started in, Poland before 1 May 2004 and who do not satisfy the minimum training requirements laid down in Article 31 of Directive
2005#36EC, recognise the following evidence of formal qualifications as nurse responsible for general care as being sufficient proof if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Poland for the period specified below>
(i) evidence of formal qualifications as a nurse at degree level (dyplom licencjata piel’gniarstwa) — at least three consecutive years during the five years prior to the date of issue of the certificate,
(ii) evidence of formal qualifications as a nurse certifying completion of post-secondary education obtained from a medical vocational school (dyplom piel’gniarki albo piel’gniarki dyplomowanej) — at least five consecutive years during the seven years prior to the date of issue of the certificate.
(b) The said activities must have included taking full responsibility for the planning, organisation and administration of nursing care delivered to the patient.
(c) The relevant Council shall recognise evidence of formal qualifications in nursing awarded in Poland, to nurses who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 31 of Directive 2005#36EC , attested by the diploma “bachelor” which has been obtained on the basis of a special upgrading programme contained in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate
of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 13 May 2004 No 110, pos. 1170), with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which, in the case of Poland, are defined in Part V of the Second Schedule.
In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, Romania before the date of accession which does not satisfy the minimum training reqiurements laid down by this act, the relevant Council shall recognise as diploma, certificates and other evidence of formal qualification in general care nursing the diploma of nurse (Certificat de competente profesionale de asistent medical generalist) with post secondary education obtained from a scoala postliceala and a certificate stating that the person concerned has effectively and lawfullly been engaged in the activities of a nurse responsible for general care in Romania for at least five consecutive years during the seven years prior to the date of issue of the certificate and that the said activities have included the taking of full responsibility of the planning, organisation and carrying out of the nursing care of the patient..
1. (a) The Medical Council shall, for the purposes of the pursuit of the professional activities of dental practitioners under the qualifications listed in Part IIA of the Second Schedule, recognise evidence of formal qualifications as a doctor issued in Italy, Spain, Austria, the Czech Republic, Slovakia and Romania to persons who began their medical training on or before the reference date stated in that Annex for the Member State concerned, accompanied by a certificate issued by the competent authorities of that Member State.
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Acquired rights specific to dental practitioners

met>
The certificate must show that the two following conditions are
(i) that the persons in question have been effectively, lawfully and principally engaged in that Member State in the activities referred to in Article 36 of the aforementioned Directive for at least three consecutive years during the five years preceding the award of the certificate<
(ii) that those persons are authorised to pursue the said activities under the same conditions as holders of evidence of formal
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qualifications listed for that Member State in Part II a of the Second
Schedule<
Provided that persons who have successfully completed at least three years of study, certified by the competent authorities in the Member State concerned as being equivalent to the training referred to in Article 34 of the Professional Qualifications Directive, shall be exempt from the three-year practical work experience referred to in the subparagraph (i) above.
(b) With regard to the Czech Republic and Slovakia, evidence of formal qualifications obtained in the former Czechoslovakia shall be accorded the same level of recognition as Czech and Slovak evidence of formal qualifications and under the same conditions as set out in the preceding subparagraphs.
(c) The Medical Council shall recognise evidence of formal qualifications as a doctor issued in Italy to persons who began their university medical training after 28 January 1980 and no later than 31
December 1984, accompanied by a certificate issued by the competent
Italian authorities.
(d) The certificate must show that the three following conditions are met>
(i) that the persons in question passed the relevant aptitude test held by the competent Italian authorities with a view to establishing that those persons possess a level of knowledge and skills comparable to that of persons possessing evidence of formal qualifications listed for Italy in Part II a of the Second Schedule<
(ii) that they have been effectively, lawfully and principally engaged in the activities referred to in Article 36 of the aforementioned Directive in Italy for at least three consecutive years during the five years preceding the award of the certificate<
(iii) that they are authorised to engage in or are effectively, lawfully and principally engaged in the activities referred to in Article 36 of the Professional Qualifications Directive, under the
same conditions as the holders of evidence of formal qualifications listed for Italy in Part II a of the Second Schedule>
Provided that persons who have completed at least three years of study certified by competent authorities as being equivalent to the training referred to in Article 34 of the Professional Qualifications Directive shall be exempt from the aptitude test and those persons who have began their university medical training after the 31st December, 1984 shall be treated the same way provided that the three years of study began before 31 December
1994.
(e) (i) The Medical Council shall recognise, from the date of accession of Romania, and for the carrying out of the activities of dental practitioner, the diplomas, certificates and other evidence of formal qulaifications in medicine awarded in Romania to persons who began their university training before 1 October, 2003, accompanied by a certificate issued by the competent Romanian authorities certifying that these persons have effectively, lawfully and principally been engaged in Romania in the activities specified under this Act for at least three consecutive years during the five years prior to the issue of the certificate and that these persons are authorisd to carry out these activities under the same conditions as holders of the diploma referred to in the Second Schedule to this Act.
(ii) However the requirement of three years experience shall be waived in the case of persons who have sucessfully completed at least three years of study which are certified by the competent authorities as being equivalent to the training referred to in Article
1 of Directive 78#687#EEC.
1. (a) The relevant Council shall, in the case of nationals of Member States whose evidence of formal qualifications as a midwife satisfies all the minimum training requirements laid down in Article 40 of Directive 2005#36EC but, by virtue of Article 41 of the sameDirective, is not recognised unless it is accompanied by a certificate of professional practice referred to in Article 41(2) of that Directive, recognise as sufficient proof evidence of formal qualifications issued by those Member States before the reference date referred to in Part IV of the Second Schedule, accompanied by a certificate stating that those
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Acquired rights specific to midwives.

B 520
nationals have been effectively and lawfully engaged in the activities in question for at least two consecutive years during the five years preceding the award of the certificate.
(b) The conditions laid down in the preceding subparagraph shall apply to the nationals of Member States whose evidence of formal qualifications as a midwife certifies completion of training received in the territory of the former German Democratic Republic and satisfying all the minimum training requirements laid down in Article 40 of Directive 2005#36 EC but where the evidence of formal qualifications, by virtue of Article 41 of Directive 2005#36 EC, is not recognised unless it is accompanied by the certificate of professional experience referred to in Article 41(2) of Directive 2005#36 EC, where it attests a course of training which began before 3 October 1990.
(c) As regards the Polish evidence of formal qualifications as a midwife, only the acquired rights mentioned in the following sub paragraph shall apply.
(d) In the case of Member States nationals whose evidence of formal qualifications as a midwife was awarded by, or whose training commenced in, Poland before 1 May 2004, and who do not satisfy the minimum training requirements as set out in Article 40 of the Professional Qualifications Directive, the Council shall recognise the following evidence of formal qualifications as a midwife if accompanied by a certificate stating that such persons have effectively and lawfully been engaged in the activities of a midwife for the period specified below>
(i) evidence of formal qualifications as a midwife at degree level (dyplom licencjata poloznictwa)> at least three consecutive years during the five years prior to the date of issue of the certificate,
(ii) evidence of formal qualifications as a midwife certifying completion of post-secondary education obtained from a medical vocational school (dyplom poloznej)> at least five consecutive years during the seven years prior to the date of issue of the certificate.
(e) The Council shall recognise evidence of formal qualifications in midwifery awarded in Poland, to midwives who
completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 40 of the Professional Qualifications Directive, attested by the diploma “bachelor” which has been obtained on the basis of a special upgrading programme contained in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No
92, pos. 885), and the Regulation of the Minister of Health of 11 May
2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination
— matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 13 May 2004 No 110, pos 1170), with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of midwives holding the qualifications which, in the case of Poland, are defined in Part IV of the Second Schedule.
(2) In the case of nationals of Member States whose evidence of formal qualifications as a midwife (asistent medical obstetrica-ginecologie#obstetrics-gynaecology nurse) were awarded by Romania before the date of accession and which do not satisfy the minimum training requirements laid down by Article 40 of the Professional Qualifications Directive, the Council shall recognise the said evidence of formal qualifications as being sufficient proof for the purposes of carrying out the activities of midwife, if they are accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of midwife in Romania, for at least five consecutive years during the seven years prior to the issue of the certificate.”.
23. Immediately after the Sixth Schedule to the Health Care Professions Act, there shall be added the following new Seventh Schedule>
“Seventh Schedule
(Article 42)
The documents and certificates which a relevant Council may request are the following>
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Addition of Seventh Schedule to the Health Care Professions Act.

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(a) proof of the nationality of the person concerned<
(b) copies of the attestations of professional competence or of the evidence of formal qualifications giving access to the profession in question, and an attestation of the professional experience of the person concerned where applicable<
(c) information concerning the training to the extent necessary in order to determine the existence of potential substantial differences with the required national training, as laid down by this Act. Where it is impossible for the applicant to provide this information, the relevant Council shall address the competent authority or any other relevant body in the home Member State<
(d) (i) Where the relevant Council requires of persons wishing to take up a regulated profession proof that they are of good character or repute or that they have not been declared bankrupt, or suspends or prohibits the pursuit of that profession in the event of serious professional misconduct or a criminal offence, that Council shall accept as sufficient evidence, in respect of nationals of Member States wishing to pursue that profession in its territory, the production of documents issued by competent authorities in the home Member State or the Member State from which the foreign national comes, showing that those requirements are met. Those authorities must provide the documents required within a period of two months<
(ii) Where the competent authorities of the home Member State or of the Member State from which the foreign national comes do not issue the documents referred to in the first subparagraph, such documents shall be replaced by a declaration on oath or, in States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the home Member State or the Member State from which the person comes< such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration<
(e) Where the relevant Council requires of its own nationals wishing to take up a regulated profession, a document relating to
the physical or mental health of the applicant, that Council shall accept as sufficient evidence thereof the presentation of the document required in the home Member State. Where the home Member State does not issue such a document, the Council shall accept a certificate issued by a competent authority in that State. In that case, the competent authorities of the home Member State must provide the document required within a period of two months<
(f) The relevant Councils may prescribe that, in addition to evidence of formal qualifications, the person who satisfies the conditions of training required must provide a certificate from the competent authorities of his home Member State stating that this evidence of formal qualifications is that covered herein.”.
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Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Prezz#Price

€10.99 (Lm4.72)